Bayer goes into bat for Yas
February 17, 2012
BAYER Pharma AG and Bayer
Australia Limited have gone into
bat to protect the company’s oral
contraceptives Yas and Yasmin,
launching Federal Court
proceedings yesterday against
Lupin Australia and Generic
Health.
As part of its action Bayer is
alleging infringement of the Bayer
Australian Patent No. 780330
(pharmaceutical combination of
ethinylestradiol and drospirenone
for use as a contraceptive) covering
Yasmin and Yaz.
As such, Bayer is seeking
permanent injunctions against
Generic Health and Lupin to stop
the pair from importing, marketing
and selling their oral contraceptive
Isabelle, together with damages or
an account of profits.
According to Bayer’s legal team,
the company had “established
patent rights to protect its
considerable investment in the
research and development
necessary to bring its unique
Yasmin and Yaz products to
Australian consumers”.
“Bayer is determined to enforce
these patent rights and is
committed to doing so as quickly as
possible,” Bayer Australia’s General
Counsel Emma Press said.
The case is now listed for hearing
on 19 March.
MEANWHILE lawyers for Generic
Health have responded to the law
suit saying the company is
“confident that the Isabelle product
does not contravene Bayer’s patent
rights and it [Generic health] will
continue to supply the product and
strenuously defend any claims
Bayer makes”.
“Our client has also been
informed by pharmacists that Bayer
sales representatives are making
certain claims to pharmacists
regarding Isabelle, asserting that it
is not bioequivalent to Yasmin,”
Generic Health’s lawyers said.
“This is incorrect - the Isabelle
product is approved by the TGA as
bioequivalent to Yasmin,” the
lawyers added.
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